| |
| |
| |
|
|
AN ACT
|
|
|
relating to the licensing and regulation of health-related pest |
|
|
control by the Department of Agriculture. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 76.102, Agriculture Code, is amended to |
|
|
read as follows: |
|
|
Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE |
|
|
APPLICATORS. [(a)] The department shall license pesticide |
|
|
applicators involved in the following license use categories: |
|
|
(1) agricultural pest control, including animal pest |
|
|
control; |
|
|
(2) forest pest control; |
|
|
(3) ornamental and turf pest control, except as |
|
|
provided by Chapter 1951, Occupations Code; |
|
|
(4) seed treatments; |
|
|
(5) right-of-way pest control; |
|
|
(6) regulatory pest control; |
|
|
(7) aquatic pest control; |
|
|
(8) demonstration pest control; [and] |
|
|
(9) health-related pest control; and |
|
|
(10) other license use categories as necessary to |
|
|
comply with federal requirements. The department may not adopt |
|
|
license use categories that are designated by statute for |
|
|
regulation by another agency. |
|
|
[(b)
The Texas Department of Health shall license pesticide
|
|
|
applicators involved in the license use category of health-related
|
|
|
pest control.] |
|
|
SECTION 2. (a) A health-related pest control license issued |
|
|
by the Department of State Health Services that is in effect on the |
|
|
effective date of this Act remains valid for the period for which it |
|
|
was issued unless suspended or revoked by the Department of |
|
|
Agriculture or the commissioner of agriculture, as applicable. When |
|
|
the license expires, it is subject to renewal under Subchapter E, |
|
|
Chapter 76, Agriculture Code, as amended by this Act. |
|
|
(b) The Department of Agriculture shall continue a |
|
|
complaint, investigation, contested case, or other proceeding |
|
|
involving health-related pest control that was brought before the |
|
|
effective date of this Act in accordance with the law in effect on |
|
|
the date the proceeding was brought, and the former law is continued |
|
|
in effect for that purpose. |
|
|
SECTION 3. (a) All powers, duties, obligations, and rights |
|
|
of action of the Department of State Health Services related to |
|
|
health-related pest control are transferred to the Department of |
|
|
Agriculture on the effective date of this Act. |
|
|
(b) A rule adopted by the Health and Human Services |
|
|
Commission in connection with or relating to health-related pest |
|
|
control continues in effect until it is amended or repealed by the |
|
|
commissioner of agriculture or the Department of Agriculture, as |
|
|
applicable. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1530 was passed by the House on April |
|
|
9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1530 was passed by the Senate on May |
|
|
21, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |